On February 21st, 2014, Erie Court of Common Pleas President Judge Ernest DiSantis, Jr. issued an Order granting not only Justin Dillon’s request for a preliminary injunction against the City of Erie’s Ordinance 955.06 but also his request for a permanent injunction. In the very simple Order, Judge DiSantis wrote, “AND NOW, this 21st day of February 2014, in light of the Pennsylvania Commonwealth Court’s January 7, 2014 decision, it is hereby ORDERED that the plaintiff’s request for a preliminary injunction is GRANTED. It is further ORDERED that the injunction is made permanent effective today.”
This has effectively permanently enjoined the City of Erie from enforcing Ordinance 966.05(b).
Further, in relation to the criminal charges that were pressed against Mr. Dillon and seven other individuals, at the request of the City’s assistant solicitor, Kenneth Zaks, Judge Stephanie Domitrovich nolle prossed all the charges in her Order of February 24, 2014.
A Rally in support of Justin Dillon and the seven other individuals that were cited (now known as the Erie 8) is scheduled for Saturday, April 12, 2014 at 2pm in Perry Square.
This litigation would not have been possible without the support of the NRA Civil Rights Defense Fund (CRDF), Gun Owners of America, and numerous other individuals that donated. Unfortunately, since it was necessary to appeal to the Commonwealth Court, the court costs and attorney fees are substantial. Anyone wishing to donate can do so here.
It is worth noting that since the Commonwealth Court ruled in this matter, several municipalities, such as Falls Township and Bristol Borough, have not only indefinitely tabled new firearms ordinances but additionally amended their existing regulations in compliance with Section 6120. I hope everyone will support HB 805 and HB 2011, so that Section 6120 can be amended to include for attorney fees and costs so that individuals, like Justin, will be compensated for enforcing Section 6120 against municipalities that ignore the Legislature’s dictate.
The Erie 8 are currently considering their options in relation to filing suit against the City for deprivation of their civil liberties.
Published by Joshua Prince, Esq.
With our 2nd Amendment rights being attacked at both the Federal and State level, and the ATF (Burea of Alcohol, Tobacco, Firearms, and Explosives) trying to close down FFLs (Federal Firearms Licensees) for minor infractions while making FFLs the scapegoat when the ATF's records are inaccurate, I want to take this opportunity to introduce myself. I am one of only a handful of attorneys across the US that practices in the niche area of law known as firearms law. I decided to concentrate my legal practice on firearms law not only because I am a shooter and firearms enthusiast, but also to ensure that our inalienable Right to Keep and Bear Arms is never encroached upon.
I handle cases at the Federal and State level for both FFLs and individuals. At the federal and state levels for individuals, I actively defend the 2nd Amendment of the US Constitution and Section 21 of the PA Constitution, as well as, help individuals with:
- License to Carry Firearms Denials;
- Challenges to Erroneous PICS Denials;
- Relief from Firearms Disabilities;
- Estate Planning Advice;
- Gun/NFA Trusts; and
- 42 USC 1983 Actions for Deprivation of Civil Rights
At both the state and federal levels, I represent FFLs and SOTs throughout Pennsylvania and the US regarding:
- ATF Compliance Inspections;
- Warning Letters and Hearings;
- FFL Revocations;
- Corporate Structure Advice
- Indoor/Outdoor Range Implementation; and
- Forfeiture Proceedings
In following my love for firearms and firearms law, I have taught several Continuing Legal Education (CLE) seminars on Firearms in Estates and Trusts and Firearms Law 101 for several Bar Associations, including Berks, Cumberland, and Dauphin Counties. I also planned and taught several Firearms in Estates CLE classes for the Pennsylvania Bar Institute (PBI).
While at Widener Law School, I was a member of the Widener Law Journal. I wrote an article on the Inaccuracy of the National Firearms Registration and Transfer Record (NFRTR). I also had an article published on Fee Disputes in Workers Compensation cases in the Widener Law Journal, Volume 18, No. 2.
You can often find me posting on several internet forums, including Subguns, Uzitalk, AR15, and PAFOA. I also hold PA Firearms Law classes for local ranges to inform the public on the firearm laws of the Commonwealth.
Following in my father's footsteps, I am also a Board member for the Pottstown Police Athletic League (PAL).
View all posts by Joshua Prince, Esq.
5 thoughts on “Preliminary and Permanent Injunction Granted Against the City of Erie”
In this understated posting Josh has emphasized the legal victory without taking full credit for his good work that made it possible. All persons concerned with preserving gun rights in Pennsylvania owe him a debt of gratitude.
I intend to be present April 12th in Erie. I would like to donate toward the court costs, but will not use Paypal. If there is a snail mail addy, kindly let me know.
Yes, you can donate via US Mail by sending to Prince Law Offices, P.C., 646 Lenape Rd, Bechtelsville, PA 19505